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Home My WebLink AboutE 8505290677 �-- __ _ _ s� AGREEMENT AND EASEMENT FOR DRAINAGE ��L`�- ��" ��w"�t'.�'��'� �t THIS AGREEMENT made this 1�p� day of � , 1985 , between PUGET WESTERN, INC . , a Washington corporation ( "Puget Western" herein) , and CITY OF RENTON, ( "Grantee" herein) ; WHEREAS, Puget Western is the owner of a parcel of land in the N.E. 1/4 of Section 24 , Township 23 North, Range 4 East, W.M. , King County, Washington; and WHEREAS, Grantee desires an easement for a drainage channel across Puget Western' s land at a location more specifically described herein below; NOW THEREFORE, in consideration of Ten Dollars ( $10 .00 ) and � other good and valuable consideration in hand paid receipt of � which is hereby acknowledged, and in consideration of the Ga performance by Grantee of the covenants, terms and �onditions � hereinafter set forth, Puget Western hereby grants, conveys and � quitclaims to Grantee the following easement: : L�3 � A . A nonexclusive perpetual easement across, along , in, oQ upon and under that portion of Puget Western' s land described in Exhibit "A" attached hereto and by this reference made a part hereof, for the purpose of installing, constructing , operating, maintaining , removing , repairing , replacing and using a drainage channel with all connections and underground appurtenances thereto (herein the "drainage channel" ) , together with the nonexclusive right of ingress to and egress from said portion of Puget Western' s land for the foregoing purposes; The terms "Easement" and "Easement Area" in this instrument refer to the easement on the property described in Exhibit "A" . This Easement is granted subject to and conditioned upon the following tenns, conditions and covenants which Grantee hereby promises to faithfully and fu?ly observe and perform. 1 . Cost of Construction and Maintenance. Grantee shall bear and promptly pay all costs and expenses of construction and maintenance of the drainage channel . 2. Compliance with Laws and Rules. The Grantee shall construct, maintain and use the drainage channel in accordance with any statute, order, rule or regulation of any public authority having jurisdiction. 3 . Use of the Easement Area by Puget Western. Puget Western reserves the right to develop and use the lands encumbered by this easement for any purpose no,� inconsistent with the rights granted herein. Puget Western reserves the right to construct improvements, such as buildings, parking and landscaping, over portions of the Easement Area upon securing the consent of Grantee, which consent Grantee agrees shall not be unreasonably withheld, having due regard to Grantee' s facilities. In no event shall Puget Western be allowed to construct a building at grade over the box culvert. Puget Western shall not be liable for any loss or damages to Grantee' s facilities resulting from Puget Western' s use of the � lands encumbered by this easement unless such loss or damage is � due to negligent acts or amissions of Puget Western. Puget � Western agrees to use reasonable care. � e� 4. Termination for Cessation of Use. In the event Grantee � ceases to use the drainage channel for its intended use for a � period of five ( 5) successive years, this Agreement and all � Grantee' s rights hereunder shall terminate and revert to Puget ��Western. � m � �o�,.o� 5. Release of Drainage Channel on Termination. No C 1.�Va r. � W;� ination of this Agreement shall release Grantee from any � ��:;�. �a�`3�l��bility or obligation with respect to any matter occurring � ��itia/s � �;'�� i � ��-,,�_� AM-6023 32185 ,�� ,i;��bF�� . prior to such te�n� nation, nor shall such termination release Grantee from its obligation and liability to remove the drainage channel facilities from Puget Western' s parcel and restore the ground. 6. Removal of Drainage Channel on Termination. Upon any termination of this Agreement, Grantee shall promptly remove from the Easement Area the drainage channel facilities and restore the ground to the condition now existing or, in the alternative, take such other mutually agreeable measures to minimize the impact of the drainage channel on Puget Western' s Property. Such work , removal and restoration shall be done at the sole cost and expense of Grantee and in a manner satisfactory to Puget Western. In case of failure of Grantee to so remove the drainage channel facilities, restore the ground or take such other mutually agreed upon measures, Puget Western may, after reasonable notice to Grantee, remove the drainage channel facilities, restore the ground or take such measures at the expense of Grantee, and Puget Western shall not be liable therefor. ; 7 . Third Party Rights. Puget Western reserves all rights w�th respect to its property including , without limitation, the right to grant easements, licenses and permits to others subject � to the rights granted in this Agreement. � � 8. Release and Indemnity. Grantee does hereby release, �� indemnify and promise to defend and save harmless Puget Western from and against any and all liability, loss, cost, damage, �� expense, actions and claims, including costs and reasonable Cp attorney' s fees incurred by Puget Western in defense thereof, asserted or arising directly or indirectly on account of or out of ( 1 ) acts or omissions of Grantee and Grantee' s servants, agents, employees, and contractors in the exercise of the rights granted herein, or ( 2 ) acts and omissions of Puget Western in its use of the Property which affect Grantee' s employees , agents, contractors, and other parties benefiting from said drainage channel; provided , however, this paragraph does not purport to indemnify Puget Western against liability for darnages arisina �ut of bodily injury to persons or damage to property caused by or resulting from the sole negligence of Puget Western or Puget Western' s agents or employees. 9 . Title. The rights granted herein are subject to permits, leases, licenses and easements, if any, heretofore granted by Puget Western affecting the property subject to this Agreement. Puget Western does not warrant title to its property and shall not be liable for defects thereto or failure thereof . 10. Notices. Unless otherwise provided herein, notices required to be in writing under this Agreement shall be given as follows : - If to Puget Western: Puget Western, Inc. P .O. Box 0868 Bellevue, Washington 98009-9734 If to Grantee: City of Renton 200 Mill Avenue South Renton, WA 98055 Attn: Director Public Works Notices shall be deemed effective, if mailed, upon the second day following deposit thereof in the United States Mail , postage prepaid, certified or registered mail, return receipt requested , or upon delivery thereof if otherwise given. Either party may change the address to which notices may be given by giving notice as above provided . 11 . Successors. the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. -2- - AM-6023 32185 � �n�t►a/s � � • ' _a , � , , �, . � . , . . _ ' ' ' ' ' 12. Liability. In the event of any assignment of the rights hereunder, the liability of Grantee and its assignees shall be joint and several . 13. Release of Drainage Retention Requirements. Grantee shall release Puget Western from future drainage retention, compensating storage and flood plain requirements and/or restrictions as related to Puget Western' s adjacent property. EXECUTED as of the date hereinabove set forth. ACCEPTED: CITY OF RENTON PUGET WESTERN, INC . By C� � � By Vice President � STATE OF WASHINGTON) � ) SS. � C OUNTY OF KI NG ) � On this �_day of �, , 1985 , before me, the undersigned, personally appea ed WM. K. P�RTHUR, to me known to be `'��y the Vice President of PUGET WESTERN, INC . , the corporation that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned. �.nd on oath stated that he is authorized to execute the said instrti�ne^,t . WITNESS my hand and official seal hereto affixed the day ar,d year above written. � � . �,�,A�. Notary Public ' and for �tate of Q °� �� Washington, re ' ding at � � �� r�� +— Q u � � �" ;•�� . � , L�i � r'"`. , oC � �,. -3- AM-6023 32185 . � . • � . . _ . � . � • � . , • . . . EXHIBIT "A" Legal for permanent drainage easement - Puget Western - Tax Parcel 4. A parcel of land being 100 feet in width being 50 feet on each side of the following described centerline and its northerly and southerly extensions all within Section 24, Township 23 North, Range 4 East , W.M. , Beginning at the intersection of the East line of the Southwest quarter of the Northeast quarter of said section with the northerly right of way line of SW Grady Way; thence southwesterly along said northerly right of way line a distance of 312.09 feet to the True Point of Beginning of said centerline, thence North 33°20' West a distance of 138 feet more or less to Puget Sound Power & Light Company ' s southerly right of way line and the terminus of said centerline; � � TOGETHER WITH a parcel of land 120 feet in width being 60 feet � on each side of the following described centerline and its northerly � and southerly extensions all within Section 24, Township 23 �� North, Range 4 East , W.M. , � '� Beginning at the intersection of the East line of the Southwest � uarter of the Northeast q quarter of said section with the southerly right of way line of SW Grady Way; thence southwesterly along said southerly ri�ht of way line a distance of 249. 57 feet to the True Point of Beginning of said centerli:�e; thence South 33°20' East a distance of 150 feet more or less to the northerly right of way line of S.R. 405 and the terminus of said centerline; TOGETHER WITH a trangular shaped parcel of land lying northwesterly of the following described line; Beginning at the intersection of the East line of the Southwest quarter of the Northeast quarter of Section 24, Township 23 North, Range 4 East with the northerly right of way line of SW Grady Way; thence southwesterly along said northerly right of way line a distance of 261.2? feet to the easterly margin of the previously described 100 foot easement ; thence North 33°20' West along said easterly margin a distance of 76. 73 feet to the Point of Beginning of said line; thence northeasterly to a point on Puget Sound Power & Light Company' s southerly right of way and the terminus of said line; said point bears South ?5°47' West a distance of 265.0 feet from the intersection of said southerly right of way line and the East line of the Southwest quarter of the Northeast quarter of said Section 24. In City of Renton, County of King, State of Washington. ��►ti�/s